§ 513.57 — LIABILITY FOR ERROR, INACCURACY, OR OMISSION

Minnesota § 513.57

• Jurisdiction: Minnesota
• Part: PROPERTY AND PROPERTY INTERESTS
• Ch. 513: AGREEMENTS RELATING TO PROPERTY

Text

Subdivision 1.No liability.
Unless the prospective buyer and seller agree to the contrary in writing, a seller is not liable for any error, inaccuracy, or omission of any information delivered under sections513.52to513.60if the error, inaccuracy, or omission was not within the personal knowledge of the seller, or was based entirely on information provided by other persons as specified in section513.56, subdivision 3, and ordinary care was exercised in transmitting the information. It is not a violation of sections513.52to513.60if the seller fails to disclose information that could be obtained only through inspection or observation of inaccessible portions of the real estate or could be discovered only by a person with expertise in a science or trade beyond the knowledge of the seller.

Subd. 2.Liability.
A seller who fails to make a disclosure as required by sections513.52to513.60and was aware of material facts pertaining to the real property is liable to the prospective buyer. A person injured by a violation of this section may bring a civil action and recover damages and receive other equitable relief as determined by the court. An action under this subdivision must be commenced within two years after the date on which the prospective buyer closed the purchase or transfer of the real property.

Subd. 3.Other actions.
Nothing in sections513.52to513.60precludes liability for an action based on fraud, negligent misrepresentation, or other actions allowed by law.

Legislative History

2002 c 306 s 6;2005 c 119 s 3